Atlanta Drunk & Impaired Driving Attorney for Injured Victims

ATLANTA DRUNK DRIVING ACCIDENT INJURY ATTORNEY

Fighting for Compensation for Victims of Drunk Driving Accidents in Atlanta

Being in a car crash can be frustrating enough, but that is only compounded when the victim is hit by a drunk driver who is Driving Under the Influence (DUI) or who has taken drugs and is Driving While Impaired (DWI).

Moreover, these drunk driving collisions often result in catastrophic injuries and even death, changing the lives of innocent victims and their families forever.

For over 35 years, the Atlanta car accident injury attorneys at Apolinsky & Associates have fought to recover compensation and damages for these victims, whose lives were forever impacted by the negligence of a drunk or impaired driver in Georgia.

What are Georgia’s Laws on Driving Drunk or Impaired?

In Georgia, the vast majority of car accident injury claims are brought under the state’s negligence statute (Ga. Code Ann. Sec. 51-12-33). To hold another party legally liable for your accident, you must be able to prove that their negligent actions contributed to causing your crash. Intoxicated driving is a clear example of negligence.

Of course, in Georgia, a DUI is also a very serious criminal offense. State or local prosecutors may bring criminal charges against the drunk driver who caused your accident. It must be made clear that criminal cases and civil cases are distinct legal actions. While the evidence of a criminal conviction may be admitted into your personal injury case, you still need to work with an Atlanta DUI accident lawyer who will build a very strong claim on your behalf.

Proving Negligence & Causation in DUI/DWI Injury Cases

Proving your case is essential to winning and getting fair compensation. In order to establish that negligence played a factor in your case, you will need to establish that:

  • A duty of care existed, and the defendant owed you a level of responsibility.
  • The defendant breached the duty of care and responsibility.
  • That breach directly caused your injuries.
  • You suffered damages that resulted from the breach of care.

Under GA Code § 9-3-33, the statute of limitations holds that injured parties have two years to bring personal injury claims forward. After two years, a court will dismiss your claim. Oftentimes, insurance companies will engage in stalling techniques to avoid paying you anything. It is important to begin working with a qualified auto accident injury attorney who’s experienced in dealing with drunk or impaired driving injury cases as soon as possible to build your case.

In the event of a DUI-related car accident that results in injury, the victim’s attorney will take special care to ensure all of the relevant facts are presented to the jury. The most obvious way to determine the defendant’s intoxication is via the police report, however, there is other important information that can be uncovered:

  • Medical records.
  • Testimony unearthed in discovery.

These can provide tremendously valuable insight for your case and the potential damages and compensation that can be recovered.

Damages and Compensation After Being Hit by a Drunk or Impaired Driver in Georgia

Drunk driving crashes can result in devastating injuries. In many cases, these crashes occur at high rates of speed, and unsuspecting victims have little or no way to protect themselves.

In Georgia, injured victims of drunk driving crashes may be entitled to compensation for both out-of-pocket expenses as well as financial relief for any intangible damages including:

  • Vehicle repairs.
  • Vehicle replacement.
  • Ambulance costs.
  • Emergency room fees.
  • All other hospital bills.
  • Required physical therapy.
  • Mental health counseling.
  • Lost income.
  • Pain and suffering.
  • Mental distress.
  • Disfigurement.
  • Loss of limb.
  • Wrongful death.

Punitive Damages in Drunk Driving Injury Cases

As a general rule, the financial relief paid out in Georgia personal injury cases is meant to be purely compensatory in nature. In other words, injured victims are typically granted compensation only for their specific damages. These damages are intended to compensate the plaintiff, not ‘punish’ the defendant. However, there are some exceptions – and drunk driving claims may fall into that category.

Specifically, we’re talking about punitive damages. Sometimes called exemplary damages or vindictive damages, punitive damages must be requested at the outset of trial. They aren’t tied directly to the victim’s losses. Instead, they are intended to punish the exceptionally reckless behavior of the defendant, thereby serving as a disincentive against similar wrongful behavior among others in the future.

Punitive damages can significantly increase the amount of compensation to which one is entitled. Such claims must be handled carefully. It is inadvisable to attempt the pursuit of a punitive damages claim (or any involving serious injuries) on your own without a lawyer.

Types of Injuries Suffered in Drunk & Impaired Driving Accidents

  • Brain Injuries Case Icon
    Brain Injuries

    If you have suffered a traumatic brain injury in Georgia because of another’s criminal actions, such as a drunk driving accident, you may have grounds for an injury claim and appropriate compensation.

    Read More

  • Back, Neck, and Disc Injuries Case Icon
    Back, Neck, and Disc Injuries

    Back, neck and disc injuries caused by drunk driving accidents can lead to severe pain and result in significant expenses. When such injuries are sustained from a drunk driving accident, you may be liable for compensation.

    Read More

  • Broken Bones Case Icon
    Broken Bones

    Impact caused by drunk driving accidents can cause major bone fractures. If you were involved in a drunk driving accident that caused a bone fracture, it’s essential to obtain legal counsel to recover financial and emotional compensation.

    Read More

  • Burn Injuries Case Icon
    Burn Injuries

    Catastrophic burn injuries caused by drunk driving accidents can cause severe injuries and costly medical care. Because of the lifelong impact of burn injuries, we advise legal representation for financial recovery.

    Read More

  • Loss of Limb and Amputation Case Icon
    Loss of Limb and Amputation

    Victims of amputation resulting from a drunk driving accident may be able to successfully pursue financial compensation from the responsible party with the help of legal counsel.

    Read More

  • Paralysis Case Icon
    Paralysis

    Whatever the cause, if you are a victim of a drunk driving accident that resulted in paraplegia or quadriplegia and your injury resulted from negligence on the part of a responsible party, you may be liable for compensation.

    Read More

  • Spinal Cord Injury Case Icon
    Spinal Cord Injury

    Drunk driving accidents can lead to catastrophic spinal cord injuries. If you suffer a spinal cord injury in a drunk driving accident, it’s important to ensure your financial and physical damages are accurately evaluated.

    Read More

  • Wrongful Death Case Icon
    Wrongful Death

    If your family has suffered a wrongful death due to a drunk driving accident, then you should consult with a dedicated personal injury attorney to review your case and determine compensation for the loss of value by the life of the deceased.

    Read More

Types of Injuries Suffered in Drunk & Impaired Driving Accidents

  • Brain Injuries Case Icon
    Brain Injuries

    If you have suffered a traumatic brain injury in Georgia because of another’s criminal actions, such as a drunk driving accident, you may have grounds for an injury claim and appropriate compensation.

    Read More

  • Back, Neck, and Disc Injuries Case Icon
    Back, Neck, and Disc Injuries

    Back, neck and disc injuries caused by drunk driving accidents can lead to severe pain and result in significant expenses. When such injuries are sustained from a drunk driving accident, you may be liable for compensation.

    Read More

  • Broken Bones Case Icon
    Broken Bones

    Impact caused by drunk driving accidents can cause major bone fractures. If you were involved in a drunk driving accident that caused a bone fracture, it’s essential to obtain legal counsel to recover financial and emotional compensation.

    Read More

  • Burn Injuries Case Icon
    Burn Injuries

    Catastrophic burn injuries caused by drunk driving accidents can cause severe injuries and costly medical care. Because of the lifelong impact of burn injuries, we advise legal representation for financial recovery.

    Read More

  • Loss of Limb and Amputation Case Icon
    Loss of Limb and Amputation

    Victims of amputation resulting from a drunk driving accident may be able to successfully pursue financial compensation from the responsible party with the help of legal counsel.

    Read More

  • Paralysis Case Icon
    Paralysis

    Whatever the cause, if you are a victim of a drunk driving accident that resulted in paraplegia or quadriplegia and your injury resulted from negligence on the part of a responsible party, you may be liable for compensation.

    Read More

  • Spinal Cord Injury Case Icon
    Spinal Cord Injury

    Drunk driving accidents can lead to catastrophic spinal cord injuries. If you suffer a spinal cord injury in a drunk driving accident, it’s important to ensure your financial and physical damages are accurately evaluated.

    Read More

  • Wrongful Death Case Icon
    Wrongful Death

    If your family has suffered a wrongful death due to a drunk driving accident, then you should consult with a dedicated personal injury attorney to review your case and determine compensation for the loss of value by the life of the deceased.

    Read More

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Hit by Drunk or Impaired Driver Injury FAQs

What is the Difference Between Criminal Statutes and Civil Cases For Drunk & Impaired Driving Accidents In Georgia?

According to data provided by the Georgia Governor’s Office of Highway Safety, nearly 400 people were killed in drunk driving crashes in the state in a single recent year. To put this figure into perspective, nearly 30 percent of all deadly traffic accidents in Georgia involve a drunk driver. Many thousands of other DUI accident victims are left needing long-term medical treatment to deal with their devastating injuries.

It is illegal in Georgia per O.C.G.A. 40-6-391 to drive or be in physical control of a vehicle while under the influence of alcohol, drugs, or other intoxicating substances. The fact that a drug has been legally prescribed to a person is not considered a defense in an impaired driving case. A person whose blood-alcohol concentration is 0.08 percent or higher is considered legally drunk. Beyond that, to be “under the influence” means to have consumed a substance that has impaired one’s faculties to the extent that they are “unsafe to drive.” It should be noted, however, that this is a criminal statute.

The civil case for financial damages brought by victims injured by the drunk driver is a separate matter. While driver impairment must be proven beyond a reasonable doubt for conviction in a criminal case, such is not true in civil litigation. Although evidence of the at-fault driver’s intoxication may benefit the plaintiff’s civil case, what they must show is a breach in the reasonable duty of care (also known as negligence). Thus, it is possible that the at-fault driver may not be convicted for DUI in the case, but still be held liable to pay your damages.

Who Can Be Held Liable For Drunk Driving Injuries (Besides the Driver)?

There may be others besides the driver who could be liable for drunk driving injuries. These include:

  • A person who services, furnishes, or sells alcohol to someone knowing they are either under age 21 or visibly intoxicated and soon to get behind the wheel of the car. This is known as Georgia’s dram shop law, and it’s codified in O.C.G.A. 51-1-40.
  • The owner of the vehicle. Vehicle owners may be liable if they entrust their vehicle to someone else knowing they may be a risk on the road (negligent entrustment).
  • A parent. A parent might be liable for the negligent driving of their child under the family purpose doctrine. As explained by the Georgia Court of Appeals in the 2007 case of Hicks et al., v. Newman, the mere ownership of a vehicle is insufficient to establish the owner’s liability for the negligence of another driver. However, when the owner of a vehicle maintains that vehicle for the use/convenience of the family, that owner may be held liable for the negligence of a family member who was using the vehicle for a family purpose.
  • Employers. Under a legal doctrine known as respondeat superior (Latin for “let the master answer”), employers may be held vicariously liable if an employee’s negligence harms another while the employee is acting in the course and scope of employment. This could apply in cases involving large trucks, delivery drivers, or anyone running an errand for work.

Why Do I Need An Aggressive Drunk & Impaired Driving Accident Lawyer in Georgia?

The goal of insurance companies is always to protect their own bottom line. If they can settle your drunk driving accident claim for less than its full value, they will make every attempt to do so. There are many different tactics and strategies that insurance companies use to protect their financial interests.

To start, insurers put a lot of money into training their adjusters and representatives to serve the company. As a drunk driving accident victim, you cannot rely on insurance adjusters – even from your own uninsured/underinsured motorist (UM/UIM) coverage carrier – for guidance through the personal injury claims process. You should be represented by your own car accident lawyer to advocate on your behalf and ensure you receive full compensation for your injuries.

What Is The Statute Of Limitations For Drunk/Impaired Driving Injury Cases In Georgia?

Under Georgia’s statute of limitations (O.C.G.A. 9-3-33), injured victims only have a limited amount of time to bring a legal claim. In most drunk driving accident injury cases, one has two years from the date of their wreck to file a lawsuit. It is the same amount of time for a wrongful death claim. If no claim has been initiated in that period of time, it may be forever legally barred.

Drunk driving claims are often complex due to the severity of injuries and the difficulty in collecting accurate evidence. It is imperative to work with an experienced Atlanta drunk driving accident lawyer, like those found at Apolinsky & Associates, LLC to advocate for you and to ensure your rights and best interests are protected.